The Extent to Which Recourse to Arbitration Is Permissible in the Settlement of Disputes Arising under Procurement Contracts
Al-Ahliyya Amman University, Faculty of Law, Public Law Department
Dr. Naser Alsaraireh
Assistant Professor of Public Law Royal University for Women, College of Business & Law- Kingdom of Bahrai.
Prof. Abdelrauof Ahmad Mfleh Alkasasbeh
Administrative law, faculty of law, public law department, Mutah University.
Dr.Mohammad Atef Odeibat
Al-Ahliyya Amman University
Dr. Wasfi Mahmoud Masoud Al-Khraisat
Al-Ahliyya Amman University, Faculty of Law
Prof. Abed Alhameed Rajeh Kurdi
Faculty of Law, Amman Al-Ahliyya University
Abstract
This study examines the legal validity of employing arbitration as a mechanism for resolving disputes arising from procurement contracts, focusing on two primary dimensions. The first section explores the concept of the award decision, beginning with a clarification of the term "procurement" and followed by an analysis of the legal characteristics of procurement itself. The second section evaluates the extent to which arbitration may be utilised in disputes relating to procurement agreements. It further investigates the legal framework surrounding the contractual resolution of such disputes through arbitration within the procurement sector. The central issue addressed in this paper is whether arbitration, as a method of dispute resolution, aligns with the principles governing administrative contracts in general, and procurement contracts in particular. The study reaches several key findings, notably that both public authorities and their contractual counterparts are entitled to pursue litigation through standard judicial channels in the event of a dispute. Furthermore, there is no specific legal restriction prohibiting the use of arbitration in public administration contracts, including procurement agreements. Considering these findings, it is recommended that a clear statutory provision be established to affirm the permissibility of arbitration in all administrative contracts, including those related to procurement.